Table of Contents
Emergency sheltering, temporary housing and transitional housing: your rights under the ADA
Protections for people with disabilities in disasters are not waived nor suspended during or after an event. Access to emergency sheltering, temporary and transitional housing are measures that might be provided depending on the severity and duration of the disaster. These response and recovery measures can be provided by the government and local, state or federal levels or by private entities.
Title II of the American with Disabilities Act (ADA) prohibits discrimination on the basis of disability by state and local government entities, ensuring equal access to all programs, services, and activities. This includes all disaster response and recovery measures provided by local (city/county) and state jurisdictions.
Title III of the ADA states that people with disabilities should be offered full and equal enjoyment of the “goods, services, facilities, privileges, advantages, or accommodations” offered by a place of public accommodation.
What does that mean to me right now?
Does the ADA apply to hotels and shelters?
- Yes, Title II is applicable when operationalized by the local jurisdiction’s Emergency Operation Plan (EOP). Non-congregate settings, like hotels and motels, might be provided instead of a mass congregate emergency sheltering and supported by the American Red Cross when initiated by the jurisdiction.
- If you choose to evacuate on you own and do not access emergency sheltering through the local jurisdictions programming for disasters; most hotels and shelters are places of accommodations under the ADA and Title III would apply.
Can emergency sheltering operations refuse my service animal?
- No. When emergency sheltering operations have been operationalized, whether a hotel or mass care shelter operations, the local or state jurisdiction must provide an equitable opportunity for you to access the operations with your service animal.
- For all other animals, pets (to include Emotional support Animals), the jurisdiction must also have a PETS evacuation plan. While these animals do not have to allowed into the sheltering operations, there must be a plan to accommodate their safe housing while displaced.
- When evacuating or displaced to a hotel/motel, “no pets” policy must be modified that it does not apply to people accompanied by their service animals. The hotel and shelter can only ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
- Only canines or miniature horses qualify as service animals under the ADA.
- Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
Can a shelter or hotel refuse me if they require a driver’s license for identification purposes if I do not have a driver’s license because of my disability?
- No. Response and recovery measures are to be provided to the entire community as a life and safety measure. It is understood that important documents might be lost, damaged or destroyed. But you will need some form of personal identification for check-in and applying for potential resources.
- Make additional digital (store in the cloud) and hard copies (for a go bag) for access at a later date. Make copies of Drivers License, Identification cards, Social Security and bills/contracts establishing place of residency.
- A shelter or hotel cannot demand a driver’s license as identification. Another form of identification should be accepted if you are unable to get a driver’s license because of your disability.
Your rights under the Federal Fair Housing Act and how it impacts where you live
The Fair Housing Act Amended states that persons with disabilities cannot be discriminated against with regard to housing. This includes the ability to ask for accommodations (changes) to the policies of property owners or management companies you are renting from. Section 504 of the Rehabilitation Act of 1973 provides that all governmental programs shall be accessible for persons with disabilities.
What does this mean to me right now?
What if I cannot return or access my residence because of my disability?
- You can terminate your lease early. If you return to your rental home or apartment and the conditions or damage from the disaster make the home inaccessible or your symptoms of your disability worse (or the disability of anyone that lives in the home), you can ask that your landlord let you out of your lease immediately as the residence is not safe, sanitary or habitable to occupy. Make the request in writing (e-mail or via letter but keep a copy). A sample request is below.
- Voucher Holders – Special Attention!: Please note, that if you are receiving a housing choice voucher, or are under another type of government financial housing assistance, you will need to make the same accommodation request to the local housing authority or governmental housing agency from which you receive your voucher.
Do I have any rights while residing in housing provided by FEMA or another federal, state, or local governmental agency?
- If the housing is not accessible to you because of a mobility impairment or any other reason, you can ask that it be made accessible by having FEMA (or other governmental agency) make it accessible to you. This includes having ramps built and having doors widened.
- This includes access to accessible units and bathrooms, as well as enough space to accommodate additional caregivers, DME or sensory needs.
Sample letter requesting reasonable accommodation under Federal and Texas Fair Housing Acts for early lease termination (after a disaster)
Date
Landlord Name
Landlord Address
Re: Reasonable Accommodation Request under the Federal and Texas Fair Housing Acts by Name of Person Requesting the Accommodation for Early Termination of My Lease
Dear Landlord Name:
My name is Insert your name here . I reside at your apartment complex/rental property, complex name , specifically, list address of where you live . My lease term is set to expire on date lease expires .
I am a person with disabilities which impact my ability to list major life activity (walk, breathe, sleep, eat, etc…) that is impacted by the problem with your housing due to the impact of the event/disaster name and date .
My apartment / home is list damage here . Because of the conditions of my apartment/home that I am renting from you, my major life activity stated above is getting worse and the residence in no longer safe or habitable for me to stay in. Name of Apartment Complex/lease agreement policy states that tenants must fulfill the lease or be penalized monetarily by having to pay list any fees or fines due to breaking the lease early .
As a reasonable accommodation, I request that you release me early from my lease with no fees and/or fines assessed. This accommodation is reasonable and necessary to afford me the full use and enjoyment of my home and will help ameliorate the effects of my disability. I will turn in my keys on date .
Please respond by date if you have any other questions.
Sincerely,
Your Name
Last Updated: April 21, 2026
Publication Code: DPR9
www.DRTx.org
Statewide Intake: 1-800-252-9108
Sign Language Video Phone: 1-866-362-2851
Purple 2 Video Phone: 512-271-9391
Online Intake available 24/7: intake.DRTx.org
Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.
The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.
To request this handout in ASL, Braille, or as an audio file, contact us.